Sitting of 24 March 1814

THANKS TO THE MARQUIS OF WELLINGTON, &c.
The Chancellor of the Exchequerrose, pursuant to notice, to call the grateful attention of the House to the recent glorious services of the marquis of Wellington, and his brave army. In reverting to the many occasions on which the noble marquis had received the thanks of parliament, it might appear that every topic of panegyric was utterly exhausted. There was scarcely a display of military courage and skill, whether manifested in the open field, in the assault of a fortress, or in that system of persevering vigilance by which the strength of an army actually inferior, was rendered equal in value to that of a force, numerically superior, in which lord Wellington had not, for his brilliant success, received the warm and unanimous approbation of his country. It was necessary for him to do little more than point out the distinguishing features of the late gallant achievements. The circumstances of the long contest in the peninsula, and subsequently in France, which lord Wellington had maintained with such increasing fortune, were as various as the qualities and resources of his comprehensive and energetic mind. In order to enable the House justly to estimate
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the extent of the services lately performed by lord Wellington and his army, it was necessary to recal to their minds the particular nature of the operations by which those services had been preceded. It was well known, that the descent from the Pyrenees into the plains of Langnedoc was rugged, and in places almost impracticable, intersected here and there with little winding vallies and rivers, which presented the greatest obstacles to the march of an army. This was particularly the case at what was called the Landes de Bourdeaux. In this romantic and extraordinary country, lord Wellington conceived the great—he would say the sublime idea, of establishing himself from the foot of the Pyrenees to the very banks of the Garonne; and the rains having somewhat abated about the middle of February, the noble marquis moved the right wing of the British army towards the rivers which fell into the Adour. By a change of weather and an unexpected swelling of those rivers, that first movement was frustrated. Lord Wellington then proceeded to move the left wing of his army; but unfavourable circumstances of a similar nature rendered the passage of that wing wholly impracticable. This situated, lord Wellington again repaired to the right of the army, and laid the foundation of that decisive victory which he subsequently achieved. After having passed no less than five rivers, under circumstances which reflected the highest credit on the determined perseverance of the troops, the British army and their gallant leader found the French army posted in a very strong position near Orthes, in a country which, as he had before observed, was rendered almost impassable, by the number of winding vallies and obstacles of every description with which it abounded. It might, indeed, be truly said, that the position of Orthes was precisely such a one as the most skilful commander would have chosen as the seat of defensive operations. From this position, however, lord Wellington completely dislodged marshal Soult, one of the most consummate generals of which the emperor of France had to boast, and leading an army of nearly 40,000 men. The enemy were completely dislodged and repulsed with very considerable loss on their part. In the mean time, in conformity to the plan of operations which the genius of our great commander had suggested to him, sir John Hope, on the 24th ult. effected the passage of the Adour

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above Bayonne, under circumstances of the most extraordinary and interesting description. To the astonishment of the enemy, and even of their own countrymen (accustomed as they had been to witness their heroic deeds), the British sailors boldly passed the bar of that river. Nothing could impede them: one boat after another upset in the tremendous surf of the bar; but at length they accomplished their daring object, and afforded to their no less gallant military countrymen the means of crossing from one bank of the river to the other. Extensive as were these operations, they formed but a part of that plan which lord Wellington had in contemplation, and which stretched even to Bourdeaux. Immediately after the dislodgement of the enemy from Orthes, lord Wellington dispatched a column of troops under sir William Beresford to Bourdeaux, where he was received, as the British army had hitherto been invariably received in France, with the loudest acclamations of joy. For it was a circumstance peculiar to the present contest, and highly creditable to the conduct of the British army, that after every nation on the continent had solicited the aid of British arms against the oppression of France, the British armies were received in that country, not as enemies, but at once as conquerors and friends. He did not conceive that it was necessary for him to occupy the time of the House with repeating sentiments which he was persuaded were cherished in the breast of every hon. gentleman who heard him. He would, therefore, conclude with moving, "That the Thanks of this House be given to Field Marshal the most noble Arthur Marquis of Wellington, for the additional proofs of his consummate ability, experience, and distinguished valour, displayed in the late battle at Orthes on the 27th of February last, and in the operations leading to and immediately connected with that engagement, which terminated in the signal defeat of the enemy, and in the occupation of Bourdeaux by the allied forces."
Mr. Whitshed Keenerose to second the motion. Those who looked into the Journals of the House would know that its thanks had repeatedly been given to the duke of Marlborough, whose exploits he compared with those of the subject of the Vote of Thanks which had been moved. He then recapitulated the honours which had been conferred on the duke of Marlborough. In 1702 he first received the
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thanks of this House; in 1704 he had been presented by queen Anne with the manor of Wotton, and a pension of 5,000 l. per annum, in consideration of his conduct at the battle of Blenheim. In 1705 and 1706 he had received additional honours, for his exploits during that period. He took the opportunity to comment on the political as well as the military talents of that distinguished ornament of Great Britain at the beginning of the last century. Considering the circumstances which constituted the glory of military achievements, he thought that it would on all sides be agreed that there was no one in the military annals of this empire, whose character outshone that of the subject of the present motion. Although such a step had not yet been taken, he hoped to see ministers come to parliament, and recommend the erection of some such monument to commemorate his exploits, as had been erected to the duke of Marlborough. He hoped, that as the house of Blenheim had been built for the latter in England, such a house would be erected for lord Wellington in Ireland; as he was persuaded that the good effects of such a measure on the people of Ireland would be indescribable. Of this he conceived himself competent to judge, from being a native of Ireland, and having sat 50 years in the House of Commons. Alluding to the flight of Joseph Buonaparté from the battle of Vittoria, he said that his carriage had been taken and brought to England. In it there had been found concealed a number of pictures by the celebrated Spanish artists, Murillio, Velasquez, and others, which belonged to the royal family of Spain. These he thought should be returned to the Spanish government free of all expence; as during the reign of our Charles 1, a similar act of generosity had been performed by the Spanish government on a similar occasion.
Sir Frederick Floodsaid, as an Irishman, and a representative of that country which gloried in the proud birth of the illustrious individual who was the object of the vote of thanks now proposed, he should not be doing justice to those who sent him to that House, if he contented himself with a silent vote on the present occasion. "And, Sir," said the hon. baronet, "it I had a voice" (the increased loudness of his tone removed all dubiety on this subject, and excited a general laugh) "which I could extend even beyond the doors of this House, I would exert every nerve on

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such a glorious occasion, though it might end in a nervous fever." The country which had given birth to this great hero, had also given birth to a number of other illustrious characters—it could boast of the blood of a Beresford, of the brother of our noble ambassador, (lord Castlereagh), of a Ponsonby, and of a Cole. That was a country which could provide such a number of heroes. It had been often said in England, that Ireland was a clog to her; but instead of a clog, it was the best feather in her cap; for it not only produced the best soldiers, but the best captains, at the head of whom was the illustrious object of the present vote of thanks. When he looked around him, he saw many members on both sides of the House, in the first confidential offices of state—(laugh) he should have said, that those who held them were on the one side, and those who did not hold them were on the other. When he looked into the other House of Parliament, he saw the same thing. Was not that a country of which a man ought to be proud, and a country to court a connection with? It did not only send them men, but it sent them also linen, grain, cattle, butter, and beef. This was indeed a country for one to be proud of, and the people of it ought to be fostered. Government ought to extend the arm of its protection to the natives of such a country. There never was a period in history when the achievements recorded exceeded the benefits which this country had derived from that great man, lord Wellington.—Talk of an Alexander, a Caesar, and a Hannibal, (laugh) can those history-books boast of any general who did any thing to be compared with the object of this vote of thanks? He had said last session, that in the same manner as Blenheim-house had been erected for the duke of Marlborough, there should be a—(here the hon. baronet hesitated some time) Wellington-house built for lord Wellington. (Laugh.)—Ireland had already contributed 15,000 l. far the erection of a testimonial of the merit of that great man; but there should also be a Wellington-house in Ireland—aye, not only in Ireland, but in Scotland also, and in Wales. (Laugh.)
Lord Kirkwallsaid, however highly lord Wellington might appreciate the thanks of the House, yet he believed the highest gratification he could receive would be the exertions made at home to second the objects which he was endeavouring to accomplish; for on those exertions it depended,
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whether his operations should be crowned with success. On them alone depended the tranquillity of Europe.
The motion was then put, and carried, nem. con. as were also the following:
"That the thanks of this House be given to lieutenant generals sir Stapleton Cotton, sir Rowland Hill, sir William Carr Beresford, sir Thomas Picton, the hon. sir Galbraith Lowry Cole, the hon. sir William Stewart, and sir Henry Clinton, knights of the Bath, to major generals Charles Baron Alten, Henry Fane, William Anson, George Townshend Walker, sir George Murray, K. B. James Kempt, the hon. sir Edward M. Pakenham, K. B., William Henry Pringle, Edward Barnes, William Inglis, John Byng, Thomas Brisbane, Denis Pack, lord Edward Somerset, Robert Ross, John Lambert, and to the several other officers serving under the command of field marshal the marquis of Wellington, for their able and distinguished conduct throughout the operations which concluded with the entire defeat of the enemy at Orthes on the 27th of February last, and the occupation of Bourdeaux by the allied forces.
"That this House doth highly acknowledge and approve the zeal, courage, and discipline, manifested by the non-commissioned officers and private soldiers of his Majesty's forces serving under the command of field marshal the marquis of Wellington, in the operations which concluded with the entire defeat of the enemy at Orthes on the 27th of February last.
"That this House doth highly acknowledge the zeal and continued exertions manifested by the general officers, officers, non-commissioned officers, and private soldiers, of the Portuguese army serving under the command of field marshal the marquis of Wellington in the battle at Orthes, on the 27th of last month, and in the operations immediately leading to that engagement, in which the enemy's forces were completely defeated.
"That this House doth highly acknowledge the meritorious exertion and good conduct of the general officers, officers, non-commissioned officers, and private soldiers, of such part of the Spanish forces serving under the command of field marshal the marquis of Wellington, as were employed in co-operating in the movements which immediately led to the entire defeat of the enemy at Orthes on the 27th of February last."
Ordered, That Mr. Speaker do communicate

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the said resolutions to field marshal the marquis of Wellington; and that he be requested by Mr. Speaker to signify the same to major generals Charles baron Alten, William Anson, George Townshend Walker, sir George Murray, James Kempt, the hon. sir Edward M. Pakenham, Edward Barnes, William Inglis, John Byng, Thomas Brisbane, Denis Pack, Robert Ross, and John Lambert; and to the several officers and corps of the allied armies serving under his command.

NON-RESIDENT CLERGY.
Mr. B. Bathurstrose, in pursuance of notice, to move for leave to bring in a Bill to stay prosecutions and actions commenced against spiritual persons for penalties under the 43d of the King. The right hon. gentleman repeated those observations which he had made on a former occasion, on the great hardships to which the persons against whom these actions had been instituted had been exposed. He remarked also, that in most cases where the parties had laid themselves open to the operations of the Act, their offence consisted more in neglecting to apply for licences to the bishops of their diocese, than in any actual inattention to those duties, the performance of which the Act of the 43d of the King was meant to enforce. In illustrating this proposition, he referred to a list of persons against whom actions had been commenced by Mr. Wright, in the diocese of the bishop of London. These persons in number amounted to 92; and of the whole of them two only were without a rational excuse for the offences imputed to them, which were those of non-residence, and a neglect to obtain licences for such non-residence from their bishop. In some cases the informer had laboured under a mistake altogether, as the incumbents had actually resided constantly on their livings; in others, where there were two preferments, they had invariably resided on one of them; and the only charge to be brought against them was, that of not having notified on which they had resided, to the bishop; while a third class had resided in their parishes, although not in the vicarage, either from the want of a house, or from the dilapidated state of the dwelling which their livings afforded. The persons, in strictness, became amenable to the provisions of the Act in question; and many of them, if the penalties
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were enforced, would be utterly ruined. In one case, the actions for penalties brought against a single individual, if pursued to judgment, would amount to 15,816 l. and yet this person had never resided out of one or other of his livings. In another case, penalties to the amount of 450 l. had been sought to be recovered from a gentleman, the value of whose living was but 75 l. per annum; and who, in the simplicity of his heart, had written to him (Mr. Bathurst), declaring, that it had never come to his knowledge that such an Act was in existence. He was far from wishing that House to interfere with the fair operations of the law; but here were cases of extreme hardship, in which the Act was made to do that which had never been intended by the legislature. He thought the course proper to be pursued was, to suffer the parties, against whom these proceedings had been instituted, to make those applications now to the bishop of their diocese, which, from neglect or inadvertency, they had omitted to make before. This was the object of the Bill which he proposed to bring in. The bishop would have to exercise his judgment on the applications made now, for licences for non-residence; as he would have done had they been made at the proper time; and he would exercise his judgment under additional responsibility, knowing that his conduct would be closely watched by an active informer, who, from the situation he had filled, and other circumstances, would be perfectly acquainted with the cases on which he decided. Under this responsibility, his judgment would now be as fairly exercised as it would have been before—he thought more so. In cases where a licence was refused, the parties should be liable to an action—an action being held to lie where a licence was not produced. For the informer, where the law was on his side, however hard the case of the parties against whom the actions were brought, he must have his costs. He hoped the House would not object to the Bill that he proposed to bring in. The Act of this session, suspending the proceedings against the clergy, expired on the 20th of April. As there might not be proper opportunity for discussing the subject by that time, he intended to move for leave to bring in a Bill, to extend the provisions of that Act for a month longer. The right hon. gentleman concluded by moving for leave to bring in a Bill, "to discontinue

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the proceedings on certain actions already commenced, and to prevent vexatious actions, under the 43d of the King."
Mr. Whitbreadwas sorry, that the learned, civilian with whom the Bill originated, under which these prosecutions had been, commenced, had left the House this day. He could have hoped from him some explanation, which might have been an apology for the House having passed an Act which had produced effects so diametrically opposite to those which were expected from it. But as the learned member for the University of Oxford had thought proper thus to leave them, it was fitting for those who were present to state what occurred to them on this subject. Some few years ago, the Bill under which these prosecutions were instituted was prepared by a learned gentleman of great talents, who took the business out of the hands of a county member, to secure the clergy from prosecutions under certain Acts of Henry the 8th. This Bill was passed by the Commons, sent by them to the Lords, and passed there also; and now that it had been in operation eleven years, another Bill was to be brought in, to save persons from being ruined by penalties under this Act, whose conduct, it should seem, had been not only innocent, but meritorious. Those who remembered the proceedings on that Bill, and who heard the speeches then delivered, must be struck with what they had heard that day.—At that time it was contended, that every thing ought to be done to induce informers to come forward. For this purpose, it was thought right that the whole of the penalties should go to the informers. It was then said to be desirable that every encouragement should be given to them; they were not then held up to reproach as noxious persons; but the moment an informer came forward, certain that he was right according to law, the House was first called upon to suspend the proceedings which had been instituted against the clergy; secondly, to continue that suspension; thirdly, to crush the prosecutions; and fourthly, they would be called upon to alter the law. One instance had come to his knowledge, of a clergyman in the diocese of Norwich, who had performed the duty of two churches between thirty and forty years, and in all that time had not been absent so many days. Nevertheless, he was now prosecuted for penalties, which, if the law were enforced, must send him to a jail. This
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was a case which called for relief; and where there were difficulties in deciding between both ways, he should be disposed to raise his voice in favour of giving it. But the right hon. gentleman had said, of 92 cases in the diocese of London, there were but two that were ambiguous, and these he could not pronounce against: in stating this, he proved too much. If such were the fact, they ought to do honour to the clergy,—admit that the legislature had acted under a wrong impression,—that restrictions were unnecessary, and that all they had heard of their being absent from their parishes, and neglecting their parochial duties, must be unfounded. He would rather entertain the Bill, however, than suffer the unfortunate persons affected by these prosecutions to be utterly ruined. This would be acknowledging the former Act of the House to be one which ought not to have passed; he hoped the right hon. gentleman who brought in that Bill would assist in framing a new one, and in this he wished him better success than he had with the last.
Mr. Prestonspoke shortly in favour of the Bill.
Mr. Wetherallcensured some of the provisions of the Act under which the prosecutions were commenced. They attached punishment not to the offence which they were intended to guard against, but to the simple fact of non-residence under any circumstances. In the whole penal code, he thought no other instance could be found, where the punishment was made consequent on the omission of a form, and not on the commission of a crime. Whoever its author was, he hoped he would co-operate to do away provisions which were proved to be bad, and enact those which might do good.
Mr. C. W. Wynnethought it hard for the informer, when he called for what he was entitled to by law, that the House should step in, to prevent his recovering the penalties. In a case of such extreme difficulty, he could have wished that each petition had been referred to a committee, where a counter-statement or petition could have been made or put in by the informer.
Mr. Bathurst, in reply, said, it was not a new case, that a law should not exactly answer the purpose for which it was framed, or that it should be perverted in its application. He thought the process recommended by the hon. gentleman (Mr. Wynne) one that it would have been

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very improper to adopt; as, had this been done, the informer might have gained any information he needed, and frequently ascertained whether he could support his action or not. The hon. gentleman (Mr. Whitbread) seemed to think he had proved too much. He had fairly stated, that of 92 cases, there were but two that appeared without excuse: but, granting that against ten or twelve more a good flaw could be found, where such a disparity as 70 to 20 appeared, he thought the interference of parliament was called for. They were not the worst cases that Mr. Wright looked for. Those where the parties were least culpable would suit his purpose quite as well. He might even prefer going to a clergyman, who had no vicarage house, and say to him at once, "You have no proper residence—you are living in your own house, and I will bring an action against you." It was such cases as these that Mr. Wright might think he could best turn to his own emolument. With respect to what had been said of the learned gentleman who brought the former Bill into the House, he had to say that he did not take it out of the hands of a county member. The House, after trying their hand at it, had thought him most competent to the task; and at their desire it was that he took it upon himself.
Mr. C. W. Wynneexplained.
Leave was given to bring in the Bill; which was shortly after brought in by Mr. Bathurst, read a first time, and ordered to be read a second time on Thursday.
He also brought in a Bill to continue the Suspension Act of last year. It was read a first time, and ordered to be read a second time to-morrow.

THANKS TO THE MARQUIS OF WELLINGTON.
The order of the day having been read,
Earl Bathurstsaid, although he could not anticipate the slightest opposition to the motion he was about to propose, he still thought it right to make an observation, for the purpose of shewing the grounds upon which he called for that testimony of the approbation of the House, conveyed in their thanks, for the eminent service recently performed by the marquis of Wellington. His lordship then adverted to the difficulties which lord Wellington had to encounter, in making good the passage of the Adour, observing that they appeared almost insurmountable. They arose from the width and rapidity of the river, and the incessant rains which had swollen it and all its tributary streams, and rendered all the roads nearly impassable. The only means of passing it was by a bridge of boats; and when it was considered that the river was 400 yards in width, it would at once be seen that the difficulty of crossing it was of no ordinary nature. The bridge of boats, when formed below Bayonne, was in danger from the garrison sending down floating timber, which might destroy it; and to prevent which, as far as possible, recourse was had to a very strong boom and rafts, in order to secure the bridge from any attempt of this kind. In addition to these difficulties, the French army was strongly posted, in number nearly 40,000 men, and commanded by an officer of distinguished talents. The British army was of nearly the same amount. Fortunately, however, the weather cleared up about the middle of the month of February, and continued fair till all our operations were completed. His lordship then described the movements which took place, as mentioned in the Gazette Extraordinary, which led to the battle of Orthes on the 27th ult. and terminated in the defeat of Soult; noticing also the successful exertions, under many difficulties, of rear admiral Penrose, and the officers under

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him, in at length clearing the bar of the Adour, and the passage of that river above Bayonne by sir John Hope, to the great astonishment of the people of the country, who had conceived it impossible. In the action at Orthes, though many valuable officers unfortunately fell, and were wounded, there were only two of high rank wounded, excepting the wound received by lord Wellington, which, had it been deep or severe, would indeed have clouded the most brilliant victory this country ever gained. One immediate and beneficial result of the battle of Orthes was, the capture of two of the enemy's magazines at Mont Marsan and Aire, which Soult considered of so much importance, that it was believed their preservation was a principal inducement to him to fight that battle. Their possession by our troops was of great importance; as by the setting in again of the rains almost immediately after the action, by which the Adour and its different streams were excessively swollen, they would otherwise have been at a loss for supplies. After his defeat, Soult had the option of either retreating upon Bourdeaux, or leaving the road to that city open. He chose the latter; and lord Wellington having sent sir William Beresford with a detachment to occupy Bourdeaux, they entered the city, and were received with every demonstration of joy by the inhabitants. The occupation of Bourdeaux, in a military point of view (and in no other way did he mean to speak of it at present), was of the greatest importance; it gave our army the command of supplies, of many necessaries, conveniences, and comforts, which they could not otherwise have procured; and it besides greatly facilitated the communication with this country; an object of essential advantage, as the previous channel of communication had been found, particularly at this season of the year, extremely dangerous, several vessels having been lost in attempting the passage. Under these circumstances, he could not doubt that the House would vote the Thanks for which he was about to move. He was perfectly ready to admit, that it was not merely a brilliant action that was now entitled to that high honour. Six years ago when victory appeared a stranger to every standard in Europe except that of France, it became highly expedient to court the first advances to victory on the part of this country; but now a series of splendid
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successes had not only crowned the British arms, but those of our allies. It certainly was not the mere brilliancy of an action that entitled it to the thanks of the House; as, however our gratitude might be due, that gratitude ought to wait upon our judgment. He was humbly of opinion, however, that in the present case, when the results of this action had been of so much importance, it was one evidently deserving the highly honourable testimonial of the Thanks of that House. His lordship concluded by moving the "Thanks of the House to field marshal the most noble Arthur, marquis of Wellington, K. G. for this additional instance of his consummate ability, experience, and valour."
Earl Greysaid, he did not rise to offer the slightest opposition to the motion with which the noble earl had concluded; which, on the contrary, had his most cordial and hearty concurrence. He could add nothing to the detail so properly given by the noble earl, and which so clearly established the importance of this last triumph of the illustrious commander whom they were now so justly called upon again to thank. He said the last triumph, because he trusted that the series of splendid successes which had raised the glory of the British arms to a height of renown unknown in any age or country in the annals of history, and the great and brilliant victories of our allies, would be finally crowned by a safe and honourable peace, to which our illustrious commander and the glorious army he had led would have so essentially contributed. He trusted, that the blood which had been so bravely and profusely shed might purchase a peace upon terms consistent with safety and honour, and founded upon just and equitable principles. The noble earl, in speaking of the occupation of Bourdeaux, had very properly confined himself to its importance in a military point of view; and upon that head there could not be a doubt of the essential advantages derived from the possession of that city; not only from the supplies thus afforded to our army, but from the facility given to the communication with this country, which was unquestionably of the greatest importance. Agreeing most cordially with the noble earl in these statements, he also perfectly agreed with him in the propriety of what he had abstained from stating. Other views, it was well known, had got abroad with respect to the occupation of Bourdeaux, and circumstances

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had been stated which he rejoiced to find formed no part of the speech of the noble earl. With regard to those events, it was not now his intention to ask for any explanation; he left the subject, for the present to ministers, acting upon that responsibility which belonged to their situations, and which must, undoubtedly, attach to their conduct. The time would come, when all the circumstances connected with these events must be disclosed, and that would be the season for remark. At present, he knew his duty too well to this country, to Europe, and to the world, to embarrass questions which were pregnant with consequences of the utmost importance to the interests of mankind; and to interfere with which, prematurely, might be productive of incalculable evils.
The motion was agreed to, nem. dis.; as were also the other usual motions made by earl Bathurst, for thanks to sir Stapleton Cotton and the other officers employed under lord Wellington; acknowledging and approving the services of the non-commissioned officers and soldiers, &c.